Lancaster v. ICE et al

Filing 17

ORDER ADOPTING report 16 of Magistrate Judge Saporito, GRANTING petition 1 insofar as it seeks individualized bond hearing, directing that immigration judge shall conduct individualized bond hearing w/in 21 days of date of this order, setting fo rth areas of inquiry & gov't's burden re: said individualized hearing (see Paras 4 & 5 for specific instructions), directing parties to report to the ct outcome of indiv bond hrg w/in 7 days after immigration judge's hearing, directing Clrk of Ct to CLOSE case & noting if immigration judge fails to convene individualized bond hearing w/in 21 days of date of this order ct will conduct its own indiv bond hrg under standards governing bail in h/c proceedings. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/5/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DELEON LUCIUS LANCASTER,
Petitioner
v.
ICE/HOMELAND SECURITY,
Respondent

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CIVIL ACTION NO. 1:16-CV-2562
(Chief Judge Conner)

ORDER
AND NOW, this 5th day of June, 2017, upon consideration of the report
(Doc. 16) of Magistrate Judge Joseph F. Saporito, Jr., recommending the court
grant the petition (Doc. 1) for writ of habeas corpus filed by petitioner Deleon
Lucius Lancaster (“Lancaster”) and order an individualized bond hearing for
Lancaster within thirty days in accordance with the Third Circuit’s decision in
Chavez-Alvarez v. Warden York County Prison, 783 F.3d 469, 478 (3d Cir. 2015),
and it appearing that no party has objected to the report, see FED. R. CIV. P. 72(b)(2),
and the court noting that failure of a party to timely object to a magistrate judge’s
conclusions “may result in forfeiture of de novo review at the district court level,”
Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (citing Henderson v. Carlson, 812 F.2d
874, 878-79 (3d Cir. 1987)), but that, as a matter of good practice, a district court
should “afford some level of review to dispositive legal issues raised by the report,”
Henderson, 812 F.2d t 878; see also Taylor v. Comm’r of Soc. Sec., 83 F. Supp. 3d 625,
626 (M.D. Pa. 2015) (citing Univac Dental Co. v. Dentsply Int’l, Inc., 702 F. Supp. 2d

465, 469 (M.D. Pa. 2010)), in order to “satisfy itself that there is no clear error on the
face of the record,” FED. R. CIV. P. 72(b), advisory committee notes, and, following
an independent review of the record, the court being in full agreement with Judge
Saporito’s recommendation except to the extent that, in light of the duration of
Lancaster’s extant detention, the court finds that any detention hearing must be
conducted within three weeks rather than thirty days, and concluding that there is
no clear error on the face of the record, it is hereby ORDERED that:
1.

The report (Doc. 16) of Magistrate Judge Saporito is ADOPTED.

2.

The petition (Doc. 1) for writ of habeas corpus is GRANTED insofar as
it seeks an individualized bond hearing.

3.

An immigration judge shall conduct an individualized bond hearing
within twenty-one (21) days of the date of this order.

4.

At the hearing ordered in paragraph 3, the immigration judge shall
make an individualized inquiry into whether detention remains
necessary to fulfill the purposes of ensuring that Lancaster attends
removal proceedings and that his release will not pose danger to the
community in accordance with Chavez-Alvarez v. Warden York County
Prison, 783 F.3d 469, 474 (3d Cir. 2015).

5.

At this hearing, the government shall bear the burden of presenting
evidence and proving that continued detention remains necessary to
fulfill the purposes of the detention statute. See Diop v. ICE/Homeland
Sec., 656 F.3d 221, 233 (3d Cir. 2011).

6.

The parties shall report to the court the outcome of the individualized
bond hearing within seven (7) days after the immigration judge’s
hearing.

7.

The Clerk of Court is directed to close this case.

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8.

If the immigration judge fails to convene an individualized bond
hearing within twenty-one (21) days of the date of this order, the court
will reopen this case and conduct its own individualized bond hearing
under the standards governing bail in habeas corpus proceedings.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania